Karnataka High Court
Shri Pintu S/O Bapu Dombari vs The State Of Karnataka on 28 May, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:7086
WP No. 101799 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.101799/2023(S-RES)
BETWEEN:
1. SHRI PINTU S/O. BAPU DOMBARI,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SHANKESHWAR, TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
2. SHRI ARUN S/O. RAMA DOMBARI,
AGE: 49 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
3. SHRI MAHESH S/O. RAMA SONATAKKE,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
4. SHRI SHIVAJI
S/O. YESHWANTH KHORGADE @ BHORGADE,
Digitally signed AGE: 48 YEARS, OCC: TMC WORKER,
by ROHAN
HADIMANI T R/O: SANKESHWAR , TQ: HUKKERI,
Location: High
Court of
DIST: BELAGAVI - 591 313.
Karnataka
5. SHRI DEVANAND
S/O. INDRA KHORGADE@ BHORGADE,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
6. SHRI SHIVAJI S/O. MARUTI DOMBARI,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
7. SHRI GNANYESHWARI SANTU
KHORGADE@ BHORGADE,
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WP No. 101799 of 2023
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
8. SHRI RAMA S/O. JADHAV GHAMARE,
AGE: 48 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
9. SHRI SHIKANDAR S/O. BASAVANT KAMBLE,
AGE: 48 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
10. SHRI MOHAN S/O. MARUTI PATIL,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
11. SHRI PARASHURAM S/O. MARUTI PATIL,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
12. SHRI ANAND S/O. SADASHIVA HUKKERI,
AGE: 48 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
13. SHRI BALAGOUDA S/O. SHATGOUDA PATIL,
AGE: 46 YEARS, OCC: TMC WORKER ,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
14. SHRI DATTU @ DATTARYA
S/O. PARASHURAM MOKASHI,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
15. SHRI PANDU
S/O. SADASHIV MOKASHI,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
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WP No. 101799 of 2023
16. SHRI BALAKRISHANA S/O. BHIMARAO SUTAR,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
17. SHRI RAVI S/O. RAJARAM DOMBARI,
AGE: 46 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
18. SHRI RAJU S/O. BALAU DOMABARI,
AGE: 47 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
19. SHRI SACHIN S/O. TANAJI SHINTRE,
AGE: 47 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
20. SHRI KRISHNA S/O. KALLAPPA KHATEDAR,
AGE: 48 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
21. SMT. RANI BALU KHORGADE@ BHORGADE,
AGE: 45 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
22. SMT. RAJASHRI ARUN PATIL,
AGE: 45 YEARS, OCC: TMC WORKER,
R/O: SANKESHWAR , TQ: HUKKERI,
DIST: BELAGAVI - 591 313.
...PETITIONERS
(BY SRI SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF
SECRETARY TO GOVT.,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
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WP No. 101799 of 2023
2. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA, DR.AMBEDKAR
VEEDHI, BENGALURU - 560 001.
3. PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA, DR.AMBEDKAR
VEEDHI, BENGALURU-560 001.
4. DIRECTOR,
DIRECTORATE OF MUNICIPAL
ADMINISTRATION, 9TH FLOOR, V.V.TOWERS,
DR. AMBEDKAR
VEEDHI, BENGALURU - 560 001.
5. THE DEPUTY COMMISSIONER, BELAGAVI,
D.C. COMPOUND,
BELAGAVI-590001
6. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
SANKESHWAR,
TQ: HUKKERI,
DIST: BELAGAVI-591313
...RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 TO R5;
NOTICE TO R6 IS SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS BY
DIRECTING THE RESPONDENT NO.2 TO 6 TO CONSIDER THE
REPRESENTATION/REQUISITE OF THE PETITIONERS VIDE
ANNEXURE-C DATED 19/09/2022, IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 101799 of 2023
ORDER
1. Petitioners here were 'D' group employees working
under the 6th respondent/Town Municipal Council and their
employment was regularized pursuant to the order passed by
the Labour Court which was challenged by the 6th respondent
by filing writ petition before this Court. The said writ petitions
were disposed of by this Court by order dated 24.04.20218
with a modification of the judgment and award passed by the
Labour Court to the effect that the respondents/ workmen
(petitioners herein) shall be reinstated into service without any
back wages, but with full continuity of service.
2. In view of the above, the petitioners have made a
request with the respondent No.6 to enter their names in the
service register for the purpose of availing earned leave
facilities. They had also made a representation as per Annexure
-C requesting respondent No.6 to do the needful in the matter.
3. Grievance of the petitioners is inaction on the part
of the respondents in not considering the said representations
of the petitioners.
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4. Learned HCGP fairly submits that if some
reasonable time is granted, the grievance of the petitioners will
be considered and accorded, if they are eligible in law.
5. The submission is taken on record.
6. The respondent Nos. 4 and 6/authorities are
directed to consider the representations made by the
petitioners as per Annexure-C to the writ petition and such
consideration should be made within 12 weeks from the date of
receipt certified copy of this order.
Writ Petition is disposed of accordingly.
SD/-
JUDGE
VB/CT-ASC
